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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Jan. 12, 1905)
i i HI! fclj urd rtlit Mil 60 VaI ro u- i llM 'icciiso Htiito fte Tod W, U 'flucn Million Jin 2J Uhm mm - tfmt n to C .M h lott part It uuMij " " or A trti Atcv.: td o gunra: Tew" id bis kinv md tur A r m In W . Vl tl r. -mrm -i,rw "ST' flBS Jl i m largely becao of tho fact tbn,t when tho -executive instituted proceed i ngj jot xuo aujnaication of tbo alleged ninor&l Janus lie fulled to notify the lerk Of tho irtllte land Iionril nt (tin fact, no that sold lands could to with- irawn Xrom nalo. and no noted on the IfttH Of tho ofllco. Tt riuilltml from bis neglect that tho records of tho ilerJc'd ofllco would frequently show n wuon 01 innu ns. open to sale, when m a matter of fact tho snrnn had al. ready been used an a basis fos Indotn- my Elections. Tho commissioner of bo cencral land ofllco. not holnv miti.- lied with tho rulings of tho several lo cal land Ofllces in ndiudffintr tlm lands .. -- - m--n--n --- ' lUOVO tnetlf iflttpil rt tninnrnl fur nu. Sral reasons, amongst ethera: (1) In- HiHiciency or proof as to the mineral iharacter; (2) prior sales of tho same and In jtlnco; (3) prior uso of tho tame land tut a baso tor indemnity - pctlons (4) Jnsunicicncy of descrio- ion of tho alleged bnso laud, hold thu naomnuy selections to nearly nil of uia ianu i or cancellation, ucnornl vf. i. UUcll, who occupied desk room In be ofllco of fin stato land ugent, con- uqieu mo proceedings in ndjudicut- ik mo uu,uuu ncrcs reierreu to as ttereof pateatcd to tbo tae. This hare Ixen placed within the power of condition of affairs was brought about jany prlvato individual to occupy a po- V m 0 f j,,-.............,.., ..... iJOtifled Ikll tho purcllUSCrS from ttlOlerv fnr Hiifmrtiiir.llnrr 1, ll .i,,l tlw. tftto of tho condition of their titles, im)(l f ii pmn!ov.. iiiheral beforo tho local land omens. xad was appointed by tho czecutivo ns Mfont and attorney for tho stnto to indertnko to sustain tho indemnity no canons in mo general janu depart nt oy ruriiismng mo proof required to tno mineral character of tho ends in question, and upon my astuin ujj tho duties of tho czecutivo ofllco . continued him in tbo naino position or tho following rensonsi first. Ho ras willing to furnish b is services am uitoualy and pay all tho ozpeusos in urrod. Socoud. Ilavintr ndiudicntrxl heso lands In tho local bind offices, It can presumed ho was familiar with nil be facta. Third. Having furnlihod ho allotted baso to purchasers of in lemnlly lands for a consideration of roi 75 cents to 41.S0 nor acre, no umn f tho state wns moro deeply Interest d thun ho In establishing said bnso or iinorai, Fourth. To have removed tm during pendency of proceedings in ho general land department would ftvo furnished ground for tho charge n enso of deelnlon ndvorso to thu in omnltv purchase thnt tint fnr miv. tlvo interference tho docislon might Vo bocn f&vorablo becauno of Oilcll's ttmlllarlty with tho facts. Tho attor. oy gonornl wna ronuested bv mo to wndftr whnt iuatii(nnin ln nnl1 In )onernl Odeil In tho trial of tho cases oforo tho general land ofllco on au- onl. Tho bonornblo twerotarv of tlm in prior ban practicully held for concel utlon nvery soloctlon mndn on baso urnlshod and sold by Oenornl Otlcll. f theso soluctions havo beou held for inceUntlon, tho ntato land agent has sition where tho public would havo a right to assumo that be wns occuDrlncr an official position la reference to tho public lands of the state. During tho present .administration Derations in alleged mineral base havo been entirely done away with. and not an aero of indemnity land has ocon sciecicu on sucn uose. nor nave any ccrttucatcs or sale or deeds been czecuted to indemnity lands selected since January 1, 1003. And it is a groat misorttino to the state that this nolicy has not at all times been fol lowed by former administrations. I rcspectfuly refer you to tho re ports of tho clerk of the stato laud board and tho stato land agent for in formation in detail an to tho opera tions of tho land department for the pasi two years. reUow-flervunt Iaw. There wan passed at tho twenty-second biennial scission of the legislature un act entitled "an act Imposing upon railroad corporations liability for in jury to thoir employes In certain cass." This net is commooly known ns "tho .felloW-ncrvant law," and as its tltlo implies has application only 10 cases growing out or employment in tho railroad service. All that was said in my last message in behalf of rail way employes and that In advocacy of tho net passed for their protection ap plies with ouual force to nil who nru engaged in every other form of haz ardous employment. A general stat- uto nhould bo passed at this session applicable to all such employments. Tim laborer in tho logging camp and tho sawmill, tho mine and tho smelter has no voico in tho selection of those with whom bo Is compelled to work to earn his dally bread. Tho careful and competent Inboror in all of theso and other similar employments assumes the rink Incident to the business in which ho eugnges, nnd one of theso Is the lia bility of injury to himself through tho curolcssnois of u fellow servant. If ho had a voico in tho selection of his co- servants, or could without jeopardiz ing bin position, protest airainst tho employment of or retention in servlco of the careless or Incompotont, thoro might bo less rcuson for suggesting legislation in ins uenair. wo know from ozperionco that tho man who is compelled to noek employment can im pose no conditions even for his own protection. Tf be undertook to do so no would soon bo given to understand that bo could work or lot it alone, and tuo trend or modern legislation is tow ards statutory protection. Tho moral effect of tho law modifying tho follow servnnt doetrlno as applied by tho courts is most excellent, for it not only compels tho employment of competout men ami exacts a poualty iu caso of falluro so to do. but inevitably lends to tuo nuoption or improved jnncuin Md of their right under tho law to pcover back the amounts paid by it'tu to tho state on the purchase price f tbo lands. It will appear from 10 report of tho clerk of tho state m board that up to tho end of thu wal year S21U claims havo been pre pitted to tho statu for runnvmont on 3.UQ8.U0 acres or indemnity school laud Mected prior to January I, 11)0,1, inountlng to $77,tll),70 of principal (id Interest, whllo 17 clulms for re lyment on 3,7771B ncres of sohool d havo been presented mid paid, SioiiuMng to O.nHO.flfi. The end is i yet, and In nil probability claims II be presented for repayment of an lount nlltioat an Inrun as that nlrcadv Id. I have hnd much corresiiond- B ico with tho hunornbln iMrotary of t j interior anu tun nouoruuie commis ' inor of the general land ofllco in ref- viv.u w iiiviu iiiiii'iiiiiii7 uni-uuuil". U Have endeavored to sustnln tliom RS to avoid refiiudiuir from the lrrn Clble achool fund the niiinuiits which hail received from their nalo, but Attempting to sustain them all I in not nwnre of tho fact tlmt many guwtnu acres oi tins alleged miuerul o bad either been sold In nlace bv e state prior to its nt tempted use tuo unsis ror iiidcmnHy selections nnu previously len iisn1 as tlm !m for indemnity loUun. This l the records did not dUoloss nnd It s only been brought to my attention eatly through the efforts of the Into land agent and the clerk of the ito land iward, who hive spent much to asui istKtr iu tnnuMting nnd lit r All of the Innds which have been I !' I 10 til thee I !ireeKleil I (V oldest titl I fire. If the p r to its nil it lv bsaca for Indemnity selections a wiucu are in eonniot with sale d by tho stale In idnee. Uttder the policy which the state id board has adopted with refer- to tu iiee innds, tlm nrt Iu time ml as the flrnt in rlt. niul title has bceu given preve- me tnnd was sold in idace ntieinpteu uo as im. that tt baa been reeounliisl. If it um gU to lh wt ft be for Indem- eirrtleu ltflor to Its sale iu phue tho reeerda of the state laud of- i show thnt fat, the title it i;iveu eedenee. perattons in mineral liase have n dUni trims to the credit ef the ift for those who hnve held eertlfl- n of Mle or deetU to indemnity i$ basel thereon have nwdgned shcU itccaira or eenveyw their titles to fcftna All over the eeuutty whe felt re in taking title to Uads which to eeiue directly from the 9. It mailers ttet kuw much thev fcav twtil the granUe of the for the land, wr the iadUldual urnUhel the alleged tutaeral twtse iy can cmiy rvver from the state mount actually reeiv4 ly It tie origin! apiwauL u haw tly bsptvesl that the etatttee stale is lrrrHuWe fluB4Hy, ta pureatiMY rrw aim r rue. fer the ditfervtie betweeti nwot lld by htm te eh graa Mid thu AiueuAt ld by the slate. Of mese jtureivct wk ih ad t tho price lld te the slat Atttt T3 cruta to il.SO t ar tneral Odell for Inftfrmntieit as hi AliejiiHi mineral iee. eiim ikey upiH4 the.r wer deAliug ir wlik tar atate oiHcfrs aad fel the Ute owijht u refuud to thtt Wtly the jiuTcUjue price, but the t mui ror inta aucirtHi lurrBi- In tme lasUece I here U merit i urge upon your consideration a general law upon this subject, which is an tuo moro needed nt this tlmo be cnuM our stato promises a more rapid development in the uoar future In all Hues of manufacturing cnterpriso thnn it has over experienced before. Employers' Liability Insurances Tho varied conditions of modern life, tho rapid grotYth of corporations and tuHoclutlonH of men employing vast numbers of laborers, have very re cently resulted in the extension of tho iusurnneo principle so as to cover nnd protect against tho legal liability wuicu is oruinnruy assumed in becom ing employer of others. Tho employ er under the lav" is liable to his norvnut tor injuries Incurred by the Intter iu tho course of sorvlce anil ns a result of tho employer's want of proper care, subject to the qualification, however, thnt the servant assumes the hazards which are Incidental to his employ ment, nmong which uro tho servant'a contributory negligence and tho negll genco of his fellow Morvnuta. To meet these now conditions, new legislation Is demanded for the protec tion of those who uro now enguged iu the development of our industries. If the employe is injured becauso the empioyor, secure in the knowledge that hi policy protects his, Is cureless in ratllug to furnish a reasonably sufo place to work, nnd reasonable safe ma terial to work upon, ho should bo per mitted to sue either the careless cmr ployer or the insurance company that offers a reward for carelessness, or both, as he may elect. Without some statutory provision upon the subject this cannot be doue, nnd I earnestly reeommeud lue passage or tin net that will eoufer this right. Hut it Is said such legislation will drive liability in surance eompunlea out of the state. To this I answer that without such right It Mure better for the stato that they leave than that ho life and limb of the eitlsen be dependent upon the merey of su&h institutions. tialariM for Bute Officer. The platforms of all partlre at the last state election declared In favor of placing all state officers of fixed salaries, and the payment of fees, If any, earned by them into the stato treasury. In my last uicmlo to the legislature I urged as strongly a I knew hew the faithful performance of these pledge voluntarily made by party convention, and iintdled tf not expredy aiate4 to by every candl date ef vtty party elected at that eleotiett. Several acta ere lutro dueed at the last eten looking te the fulallweat ef thee tdatferm uttcr- auves, but authlug resulted therefrom. akI tUe tdedgee remain unperfermed. The argument that a law pUelag the eeral state a8)ra n Mlariea Is un UtutUMl is without merit In view ef the (set that the pwer of the leg- luatwre w te no as reveired hwetu fere ivdicUl, exeutive ad UglUstlve uiMiiea. ir It lv lniUite.1 that such tertian is uctttituttesl. what is la be Mid f thM statutes whielt au therUe tbe eetleettea ami sppropria Iimm f fa by eflieer whe aie U ex pa tertus lnktWted frvm v. deiag b,y etl I vf tttUle 13 ef the etuutitu- tleat Truly, tho who eppse a sal aty law u ewiutiiutUiuil grounds hlle they enter b protest to the tu. eat .vtecH ef eelUttag t, strain ognlzcd has this fact become that sal ttry law aro rapidly taking tbe place oi tnose providing ror zees in tuo cases of all tho county officers. In his moflsacc to the present contrrcss Presi dent Jloosevclt, recognizing the abuses which have grown out of & statute au thorizing tho commissioners of Alaska to collect fees for official services, rec ommends "that a fixed salary bo pro vided for them to take the place of me uiscreuiteu -leo system,' wnich should bo abolished in all offices." I do not deem it necessary to enter Into n discussion of tho rcasonB for tho faith that is in mo when I express tho opinion that there is so question as to tbo power of the lectslaturo to place all tho state officers, with tho exception of tbo state printer, on salaries, but content myself with a reference to my messago of two years ngo, whero tho subject .is rully considered from a lc gul standKint. 8uch a law ought to have been passed then to take effect at once. It ought to bo passed now, for it is better late to redeem a prom ise solemnly made to the pcoplo than not to do it nt nil. Thoso who persist in the violation of party and platform pledgoa can rest assured that soon or late will eomo a day of reckoning at tho bar of public opinion. Tho message recommends juvonilo courts anu inacterminato sentence. An Emergency rand. ".Since, tho Inst session of tho legis lature, rango difficulties in Lake and Crook counties havo reached an acute stage, resulting in tho wilful killing oi many Hundred sheep, and it is charged in tho loss of ono human life in tho former county. Apponls havo from time to timo como to mo for ex ecutive interference and protection, but under tho constitution and laws I am practically powerless to rendor as sistance. Tho only arm of tho public service subject to my command is tho national guard," nnd the governor ask creation of nn emergency fund. Election Expenses. Laws have been passed in many states limiting the nmount of monoy auowed to Do spent in elections by candidates and pnrty organizations, nod requiring itemized statements con taining the names of contributors, amount'! contributed by "each, amounts oxpended nnd to whom pnid, to bo filed as public records in tho offices whore tho certificates of nomination of tho enndidntes aro required to bo filed. Such laws aro most salutary in their ofl'eet nnd tond to prevent tho de bauching of the electoral franchise. I suggest the passage of such a law at this session. Dcsortion of Family and Wifo-Beatlng. uescrtton or wiro and family should bo made n crimo for which tho desort or may bo oxtruditcd from tho stato in which ho seeks nn asylum. Investi gation will show that of all tho fami lies under the enro of private charita ble associations no lesn than one in ten owo their destitution to this cause. Tho lawn for the punishment of thiH grievous crime uro inadequate, nnd de serters know that they havo only to step over the stato lino to securo im munity. Thoso desertions are, in many instances, for tho deliberate pur pose of evading tho support of wlfo and children, nnd tho burden of thoir support is thus shifted from tho shoulders of a hcartlemi husband nnd father to the public. A striugeut crim inal statute will havo u wholesome ef fect upon these desortors, nnd I rec ommond tho passage of a law that will bring them back to tho state, if not to discharge their duty, then to bo supported by tho Btate within tho walls of n prison. Hut criminal statutes will not roach tho brute who strikes and bents a de fenselosn woman, tho mother of his children. Imprisonment mny bo a slight punishment for him, but it is a severe one ror tho helpless wife and children who uro dependent upon him for thoir daily bread. For such inhu man treaUncnt tho public whipping post has been proven to bo tho most uuuciivo puuisument, and i recom mend sueli a law for your consideration. Veto Tower and Irregular Appro- priatlons. A coustitutlouul nmoudmeut should bo submitted to tho people for adop tion which will authorize tho executive to veto any single item in nn appro- lriniiiu dim lTuicn meets nis disappro val. It sometimes happens that it be comes neceatary to veto an appropria tion bill because it contains iumn ltm. thnt should not under any considera tion bo Inserted therein. It may nut bo out of plaVe tq suggest to you now that 1 feel it uiv ilntv t.. v-Ltn ...... even the most important, measure ap propriating public money if riders nr superimposed thereon in violation ef constitutional provisions. If sush measures are passed over my veto, the responsibility must rest with the legis Uture and not with the executive. MOdtaeatlon of Jury Trtai. past two years, I am advised, trfth .tbo state of California in order to d er- mine on a sound states wr j---Tbe result is a comprehensive forest bill wbleu will be considered by the California legislature at its present -":' a v nt this proposed law sciraiuu. " -iv -- ,,, .-... m. may bo found In tne .wemuri - bor of a magazine entitled Forestry . i : . :.. ...ihiiahivi momuit " hlag'CT CTI r threes of tho American Forestry association. I have examined its provision - fully, and it is subject to the same i..:Jin. ,1 bv me against tho urr..3i'rt. Wislature of measure m v - ; " . ti,nt this stato at its last session, and that is tbe question of expen.w to tbo stato for the protection of private interests. There is one and only one justifica : . t, ,nlilins of immense bod ies of land In reserves, whether tem porary or permanont, anu iuk -protect tbo niagnifleeat .t" b"9 from being seized by scnpholders and lnndgrabbers from aii oyer im, .--try. whoso purpose is to bold them for speculative purposes only, without any idea of using them for developing the wealth of tbe state. Congressional ac ! .i...m t. inVhii nt once to pre- f thi. for with eoncress rests tho 1 - imflflilisla T& solo power ot grannu uiui.-u.. -lief bv amending tho lieu land laws. Hut a'still bettor courso for our repre sentatives in congress to pursuo would bo to endeavor to securo the passago of a law granting all of these lands ... it... .on fnr school DUrtXJSOS, J this last alternative could bo adopted, u,.. u .imniil lm tho policy of tbo state to make amplo appropriation and pass stringent laws for tho protection of forests against firos. So long, bow- .. .! I. ...... 1 lnm.lo nrA AiAr na nil our uuiLMrruu iuu .w cither within reserves or in private ownership, I can seo no good reason why the people of tho stato should bo heavily taxed to protect them. Thero is no objection to tho creation of a itmnmiuinn nnd the annointnicnt of wnrdens and rangers with ample pow er to protect tho forests of tho state if the corporation) and individuals wim mm them will n.iv the expenses. Portage Railway and Canal Eight of Way on coiumuia. An act was passed nt tbo last ses sion appointing a board of Portage commissioners, consisting of tho gov ernor, secretary of stato and state tion, mld ,"- Construction, xrith tbo work of P?rt.a? T,u al as weu as --" roncfences were great public work. JboW,ttd and to render the sUtew thJs US a" --i iry ,o tne io r, "-- .- t0 intn !i contract mm -. r f .... av - l..ii,i nnnsiiuiLL 5"SS,S rSw had between the board anu Biver association, wnicnu, on September 8, m '""cc and contract between sa Id TO tho tbe board,; by tf.tem.rfwU J hoard aerceu .. . , t -in whenever hinr"eti"00fU the con E JIT,, fir Sffdatc a xc &JtATp& ....--, -i, 0.1.I1 enmuy ; 11U BUV- - i of way, build, con ., rnllwTlV bC anu cuv - r , - , lh t undcr tho points iV""u";-,T- ...tfl's cnei tbe supervision of tho state s cog neer. anu mru ---.. . tn board ready for operation i w - m il. nna nni riiiuiiiiivM - i expended WsZlt.as extended 5l5. .L time at tbo request of "vm """..'" 7v , n,l il,iv of De- lbeTT the7om;ittee designated he McCabe' Construction company to . .... .i .i ftnr nirrceine upon tne ooaxu, " --o - . tbo terms of tho contract auu . . oMhe road to tbe state, the required bond and contract were nui !iLi. i,n mn reonired. anu imuiu- diately new bids were advertised for L ilI no -nivnr nssoclation. Tocse i luu "" ." " "IV. oi tani nnd were opened on- ueceiuucj -t, ""-rrr .- . . tin.fi. t.H:Mr lin Inirn.qt ni(I- Vnlcnn A'. IYD1LU UCiUU " w..vw- .1 . omirrlprl the Contract W build tho road for approximately $115, 523.16. Tbo stato is to furnish the ..:i .,.l rnBlnninim. and w. J. JJian- nr Tfenrr Habn and J. A. Smith, of . ' - . !-l! !...., .... the Open Kiver nssociaiiou, u" -" traded to furnish tho necessary cquip m.ni In nccnnlnncfl with tho plans and specifications in consideration of $1 nml Hiieh additional sum of money as mm- remain of the appropriation otter ho nnvment to Nelson & White, and after the payment for rails and all oth er expenses incurred by tbo board of poriago comniis5iuHw " wiuhuvuui. he road. Ae son & wnuo navo fie- cutcd n bond in tho sum of $30,000, and Mariner, Smith and Hnbu a bond in tho sum of $20,000, for tho faithful performance of their several contracts. I refer you to tho contracts and bonds on filo with the clerk or tho ooard tor troasurer, and appropriating $165,000, Iminnto details as to tho work to bo or so much thereof as might bo ncces-(iono by tho contracting parties, sary, for acquiring tho rights of way, I All sums in excess of tho nppropria building and equipping a portago rail-tJon of $165,000 havo been or aro to way between tho highest and lowest iB0 raised by tho Open Juvcr nssocia points of tho navigablo waters of tho I tion by 'oluntory subscription of eiti Columbia river bctweon Tho Dalles and I zen9 '0f Oregon, Washington and Uelilo in urcgon. mo act in quesiiuaixdaho, oxprcsslv provided that "no cxpendi turo should bo incurred thereunder in oxcess of tho sum appropriated." Immediately upon the taking clicctj No one not an active participant can appreciato the difficulties that have be set tho board and tho Open River as sociation in attempting to harmonize of the net tho board employed Mr. A.JtJ,o conflicting interests of private own B. Hammond as its engincor, with in- ... ,vi,0 nc-ssesscd vnltmhln flflhintr In. structions to survey a route for a port- (crests, tho O. R. & N., with its right age road between the points named, prcparo plans, majti and specifications, and as expeditiously as possible to re port to the board, with estimates as to cost of construction, keeping in view the sbovo limitation as to expense to bo incurred. Maps of definito location were presented by tho engineer Sep tember S3, 1(10.1. In tbo meantiino tho board, in conjunction with tbe attor ney general, kept up its negotiations for rights of vray, and practically ar ranged terms with all the owners ex cept I. H. Taffo and the 0. I?. &. X. Co. Hotween these and the board no agreemont seemed possiblo along tho line mapped out by the engineer. Tho matter of procuring theso rights of vray was finally placed in tho bands of tbo attorney general, and actions to condemn wero commenced bv him ngsilnst both the O. R. & N. Co. and Taffo. Kstimates of cost of construction, ex clusive of cost of rights of way, were filed by tho engineer November 5, 1903, showing conclusively that a largo ex peaso iu oxcess of tbo appropriation would have to bo incurred in order to earry out the terms of this act. When matters had progressed thus fsr. nml whilo proceedings wero still nendintr in condemn and acquire said rights of way, the legislature convened in spe cial session December 21, 1903, at whish time an act was uai(J ..ran'tln,. a beard ef commissioners of canals and loeks, with autberity to procuro rights ot way for improvinu tho Cnlnmr.;. river between the foot of The Dalles rapids and the head of Cliln rn. . the United States, and approptiatinc $100,000 therefor. This act interposed a tenijwrary delay in tho portage con struction. In tbe hwation of the canal right of way the beard had no voice that was a matter mwi.i.iaI,. .;.l;' the jurisdictUa of the government ea r users, and whe the board was fur lhed with the driptieM of the u nj luraeosary to he acquired of way, spurs and switches, and tbo authorities of tho United States in their efforts to havo provided a suffl- cicut right of way for a canal, over a distnneo of about eight or nino miles along a narrow strip of land bounded oo the ono sido by tho Colurabin river and on tho other by precipitous cliffs. Aii navo mauo concessions nnu some sacrifices, but the work wheu com pleted will amply ropay for all these. ii must not no overlooked thnt when matter. 25.S a w "ffi 1 ".& from a reduction In freight charges llvl ,iid surely follow government ownership and control. ' Swamp inuo iu i M.j, T t.ia eonncctlon I call particular attention to thnt part of tho roporkof the stato land board having roforenco :".i.- u to tho stato Of a largo body of swamp lands In Klnmnth county -by n meent decision of ' tho hon- lorablo secretary of tho interior, -nnd I thn action of tho board in omploying iron Wni. Matthews, or waftMng. ton 'v. C, to nssist tho nttornoy gen ... in the contest over theso lands la :. nneml land department. 'He renderod faithful service in his efforts to securo a decision n""'""'" " mo stato, and I bopo an appropriation will bo mado to pay him in accoi'danco With tne ix-tviM" w- r--. If it is possiblo to present a cose to tho courts for a- determination of tho legal questions involved in tbia ..!. the board intends to make tho attempt, and to that end has referred tbo matter to tbo nttornoy goncraL Declamation oi iixiu xinuua. Tim report of tho stato land board . -ll J nyiSAHtlr f Tt ma1a . gives ft uciauuu "' " ubm mation projects now under way in !, rnte. tho number of acres involved nml the progress that is being made. Your caroful attention is invited to this report. Many thousand acres of hcrctoforo worthless land aro bolngro dnimed, and it is eafo to prodict that In it very few years all of It -will be occupied by actual settlors nnd under cultivation. It is to be hopod that tho commit tee appointed in pursuance of a reso lution adopted at tho last session will present to you a report of thoir work, Willi a urn iui i"u ivguuuvu vi. ipu- rian and water rights. Tho adoption of a carefully digested moasuro will do much for tho futuro welfare-of tho whole state, but moro particularly those parts whicb lmvo been reclaimed and where, in the absence of a wholesome statute upon tbo subject, thcro is con stant danger of litigation and strife. Sailor Boarding Houses. In my messago to tho last logislor turo I called attention to tho abuses which oxisted at tho ports of Portland and Astoria, occasioned by interfcr enco on tbo part of sailor boarding honso kcepors, runnors nnd crimtwL with scamon on vossols arriving from foreign ports and carrying tho flairs of foreign powers. As a corroctivo meas ure to these nbusos tho act was passed creating a board of commissioners for licensing and regulating sailor board. ing-houses. The net named tho board of commissioners. This act is tho first step in tho direction of relieving tbe ports from abuses which bavo boon in oxistenco for many years, and I hav no uouot out mat ir properly enforced by a fearless commission, it will en tirely eradicate tho ovils which 'have given said ports an unsavory reputa tion among shipowners ovorywhero.. Thcro aro but two nmondmonta that I would suggest. First, that tho pow er of appointment of tho eommlasinn should bo vested iu tho czecutivo of tho state, where it is lodgod by th constitution, and. second. thnr ahnnt.i bo exompted from tho payment of li censes tho Seaman's institute or any desiring for canal purposes, lt W1W attained bat for a great part ef the di.taace, including that to scoulr -li-l 2. The eon.tttution of the sta Uaad of KTbe- ?""? , already the United States guarantee " thefe issri JW ' "Kht rt.,i , .ii ..ii..-i " .,"!"- wappett out f.tr the uortnev ...i iiiraium rseuiieas l A gnat while they walew a ' Ay t whUb i.Uc a PWW vsifir to smipeajtate blm4f neouwMl m all and to litigant in civil eases the right of trial by jury. There are many mis carriage of justice and mush expeaiKi is entailed upon the people a well as upon litigant by law which requires that nil the juivrs shall agree umb a verdiet. I am a firm blUv.,r in it.. jury system, ami held it to be the strongest sareguarti of the rights sad Hbertie of the peeple. btit there is Mlthr reawa tier jestwe la permit tiag a mliierlty, er evea e ef U jurer. to preveat a, vniit either iu erimlnal nr elvil mm. 'ndr Mir fertK ef geverHmeat a maUriiv- i in all ether , and tbe ushia U. trine sbMM ttrevail la the trial M. tt be ead that tbr kkll L- Hedy end t HtipitiM. It h quesUeaable If the lejjiUaUr has jmr t eaaet a saw mMrlit this preud rferw in Mr tern wttW aesi8g u Mtua tUa. Tbu ba bw il i .v wtwiS . 4 SUglteM Ike lukoi.. SIM la the PuiU a1 . .... awenameat U the eiuitutbM TtZi, will Nuthvnse tlte W4Mititi4Ni f tu NUlltllw trial tyr jy u J), r, rnmui ease. the United Stat reqeirZl 'JZ fr.w.. tl... ...... .. .. .T. . Kant ;:., "'",,T Vi "S r wav for raaal purH iei,nW,4 ia aav r.ay. a new survey f the pocu be ee an abseil aecessi. liif M immediatelv atiw vlr' " faet that t ......... . T"; lNMt rtr4 &a4 rrt rreUtlen. A WM wlH abtW W 73 1 puww r to wttste hlmxar this Kin U fw Iu fMsrTt! .lr..ly rented f the beird Xt the lu which he had Lu.11 Z"1 !?' atcr'i-i? HMitare ef a him xew tl. .1 5rep,tiwa. though tfc Hl - iu muHi k v uk.. . . . . . r imanntialv (... ii. .. . " X had bi fall,- 4ZliTii To uu Mi yr. a. j u.vji-. " The, BXud 4 W Ue pMia tmU sit LT wk pnattM, d la nfnllrT,i'w f 1X21. tii auii -... "T.rM"!! U tho Portage railway is completed, tho organization which nndftrtnVn. fm appropriation will bo exhnustod, nnd motives of philanthropy nnd charity. for a time, at least, it cannot bo ox- to find positions for sailors doairinz ii'rii'ii rn nn am n . u ; t i j" " "" "vii-ouomiuing. l llicro- tore suggest that at least $10,000 per annum be appropriated or so much thereof as may bo necessary to meet nil emergencies and to put the road in full operation as soon as It is tnmiut over to tho state. Tho right of way for the canal has been obtained except about three-quar- -- ... ..u .in,, uwncu Dy t. ji, Taffe for which ho insists upon being paid more than the board thinks is reaW SinBnd nruthU CODmnation pro Canal and Icks at Willamette Falls. The act of 1870 appropriating money for the construction of the canal and ssuanco and payment of the bonds thereby authorized tn V il.J0naa upon tbo express condition hat the Willamette Palls Canal and Locta Mm Common schnnl f.,.l in . v. 0l. lno Ktts2S2V W canals an,l iv- t6":. ""PB1 queat compilations of'tho odethU 'o ..asoertab bos' Z J fc ttb! 'ot anything from m. auo l0 or its successors RtewS ?Ttf nlv payment ,," and tho wS; iiV n";,r.!a to the stt -unrb:n1SedIt:erymy tw, and the attorns- t2-.th.e raat- KWtly at work at thU " dili te in the riJ.. Jln V the " institute proceeding 7 n dae quwtien as to the Habil ?f iMt tho ft owners of ffi Srd U pres" it predecesosr, a Tnt. ? 1C,ks and rui .v.. ;. ,nlrest and i . them. Tho nhestion ns tn tn .tn fides of such charitable institutions could be left entirely to tho board, with power to givo them a permit to net without tho pnymont of any li cense, or withhold it, ns to them might seem be3t. Ho approves tho rccommondation of tho secretary of stato relative to tho enumeration of tho inhabitants nnd in dustrial products of tho stato once in iu years. This enumeration must bo mado this year under tho statute Tho aw governing tbo subject was passed n J u'i nnd ,as 8tated V th -tary, it is entirely out of darn nn,i nn enumeration under it would bo of lit- .. u Uuy yaiue. Good 'Rnflfta taSSn?6!!:?.! h' aopf? Int,..t i t "-"""" roaus. xauca J'" a ttractod to this sub JffLJ t54Past two y03" through tha ffitlo? ' i ?ar Good Roads J. SStlon1 b Prcsont(d 7 this as sociation for your cons .In? . t so, I invlt tbe g.verm-it atl i44 tk tmji .. .7Triy - ef tbe uUm.1 rZTa;J,,,- 0m WT, ..yry f u rtia what if li" ".and to as- and hesse was ? , the n te e!.i . appointed in icoi V the .tat Pf ,he ' o 'tlo" R "wde and pAposJb.en T then J the wter f A? VhSr 0ade for UrflstrUl i."?"T t the fall. MM Tor the n&t.P0rti; h EElr '?.12 Keoa,l TIXJWS r- to ra.u.. :. ine canal sn,i ow. te';-Z,2 " !" P.roPrty -Wd by K, fiht to Mvlgatioe. l P to 'Utrvi .,f. . and i! S . in vomm t ir- . . wnicn navo boon SenTtfi.21" 8tat0',rc8"lta havo not inlittlo if ot0r our road8 " tbey weroO '"CI 2ndttto tha hZl. .f fnrm lad would bo em- could be irnJS,?? roa(lB whlcn "M th. buaainelsdofththften.t,r01 year' tfeftoricul centennial exposition. '"' ohort Session. ccn- T ti.4 11 . it out L,.a! J'011 U not consider bortsesirM"."1? to suggest a M'ly adjonrnman? ,P8laturo and -an J-ou could So ?M i. C?e ie nothlnK commend you?0ich Would so "tronly ln ?ler to do this it t. C0M"tuent. bS" your 1L;. "necessary- to "ot put off until tu? "" "W", ho session tho SL, Mt V "of "we m inanv T and "n- inZ Ay Abov tant lAm.i..- u ";on8'aeration of im... ttj? . actis.1'"? ? E5S 8ofC ScTntlV Srt InTho not fia lodpnZ inet8ntonttnat 8nuld r would they it u" 8latute ooks, BW tad " they W bo dl day- BesM-!!!1 .,n the oneninr are Passed at th0 '" inumerabJe bJ 7 coma Into ,hn Vnd, of tflo term, ?t sita tho 2lis2i of ,the e' '"these measure itlonal "andato la,nT da,s " b4como laws with !" o fiu8 Lft" adionrnment 1BU.vet?tbeVrSBTth tn inter! " time VC. . ? 'mposaiblo jj nnraber 0f uZl "WW to givo 5?BiTauaSHa ...k m .. . . .; iucv,7. .j; 'csir-rjsss&tr aa Ai?HP.,at j ,ttidftioD,u;iH.a vefy M .thre i. Z.?iX the reiH . tt t aS rT.r v -or "j?.tB ug ia.Tia; ;!. . . 2? wi, ttj waaSKSSMt- messago bv 184 U eaM f1 "sociates in ' '" ox -the state. JJrt " . .- ",